What does this mean for me?
Under section 88 SGG, an action is generally possible after six months without a decision on an application or three months without a decision on an objection, if there is no sufficient reason for the delay. The court can consider the reasons and circumstances. There is no automatic award simply because the office has not acted. Other administrative systems may have different rules; for example, BAföG uses a separate rule in section 75 VwGO with a three-month period.
What can I do now?
1.1
Check when the application or objection was received and keep proof.
2.2
Ask the office in writing for a decision and a clear explanation of any delay.
3.3
If the applicable waiting period has passed, seek advice about an inactivity action and the correct court.
An example
Delay and an inactivity action
A person has waited several months for an objection decision. They request an update and document the delay. If there is no sufficient reason, they may consider an inactivity action; the court does not thereby decide the benefit automatically.
Scope and support
General orientation in German social law, not individual legal advice or a guarantee. Check the decision, remedy instructions and special rules. The office or court decides each case. BAföG uses administrative courts; social-court rules do not automatically apply. A lawyer may charge fees; legal aid may be available subject to conditions.
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